West Virginia applies modified-51 comparative fault with a tiered medical-malpractice cap ($250k standard / $500k catastrophic). For workplace claims specifically, the band is built from the state-by-state tort law · jury verdict reporters · statutory caps framework and then adjusted for West Virginia's modified comparative — 51% bar and any applicable statutory cap.
W. Va. Code § 55-2-12
Modified comparative — recovery barred at 51% claimant fault.
Statutory caps that may bear on a workplace settlement in West Virginia.
W. Va. Code § 55-7B-8
How West Virginia's fault rule and limitation period compare to other US jurisdictions for workplace claims.
| Jurisdiction | Fault rule | Limitation | Workplace page |
|---|---|---|---|
| West Virginia · you are here | Modified comparative — 51% bar | 2 years from date of injury | — |
| Alabama | Pure contributory negligence | 2 years from date of injury | AL · workplace → |
| Alaska | Pure comparative negligence | 2 years from date of injury or discovery | AK · workplace → |
| Arizona | Pure comparative negligence | 2 years from date of injury | AZ · workplace → |
| Arkansas | Modified comparative — 50% bar | 3 years for personal injury; 2 years for medical malpractice | AR · workplace → |
| California | Pure comparative negligence | 2 years for personal injury; 1 year for medical malpractice (with 3-year repose) | CA · workplace → |
| Colorado | Modified comparative — 50% bar | 2 years for personal injury; 3 years for motor vehicle | CO · workplace → |
| Connecticut | Modified comparative — 51% bar | 2 years from date of injury | CT · workplace → |
| Delaware | Modified comparative — 51% bar | 2 years from date of injury | DE · workplace → |
| District of Columbia | Pure contributory negligence | 3 years from date of injury | DC · workplace → |
| Florida | Modified comparative — 51% bar | 2 years from date of injury (was 4; reduced by HB 837) | FL · workplace → |
| Georgia | Modified comparative — 50% bar | 2 years from date of injury | GA · workplace → |
| Hawaii | Modified comparative — 51% bar | 2 years from date of injury | HI · workplace → |
Each answer is independently coherent and references the relevant statute or authority document.
Figures on this page are starting points: the US band adjusted for West Virginia's statutory framework. They are not quotes for any specific case. For representation, consult an attorney admitted in West Virginia. See /methodology, /sources, and /disclaimer.